Simmons v. Ricks (149 A.D.2d 913, 1989)

— Appeal by plaintiff Grover Simmons unanimously dismissed. Judgment in favor of defendant George Baxter unanimously affirmed without costs. Same memorandum as in Simmons v Ricks ([appeal No. 3] 149 AD2d 914). (Appeals from judgment of Supreme Court, Erie County, Wolfgang, J.—negligence.) Present—Dillon, P. J., Callahan, Green, Pine and Lawton, JJ.